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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41503
Experience:  Texas lawyer for 30 years in Estate law
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Brother is only trustee. He moved remainder of trust from

Customer Question

Brother is only trustee. He moved remainder of trust from financial inst.
to a savings account without informing
me. I've received no statements showing
the Trust status. I talked to him finally
and he asked for my current address,
which the former financial Inst. had.
Money is less than 100,000.00 dollars.
What should I do?
Submitted: 10 months ago.
Category: Estate Law
Expert:  RayAnswers replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 10 months ago.

You have right here to seek by petition to remove the trustee.You would file here where the trust was created.The court can remove the trustee and appoint someone else or dissolve the trust if there has been a change in the circumstances here.This is definitely a breach of brothers fiduciary duties to move the funds and avoid any contact with you and giving you current address/phone, etc.He may be removed of the trust terminated which might be the best option.You will need a Tennessee lawyer to pursue this in the courts.

Expert:  RayAnswers replied 10 months ago.

Law that allows you to remove trustee

2010 Tennessee Code
Title 35 - Fiduciaries And Trust Estates
Chapter 15 - Tennessee Uniform Trust Code
Part 7 - Office of Trustee
35-15-706 - Removal of trustee.

35-15-706. Removal of trustee.

(a) The settlor, a cotrustee, or a qualified beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.

(b) The court may remove a trustee if:

(1) The trustee has committed a serious breach of trust;

(2) Lack of cooperation among cotrustees substantially impairs the administration of the trust;

(3) Because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or

(4) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.

(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under § 35-15-1001(b) as may be necessary to protect the trust property or the interests of the beneficiaries.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 10 months ago.

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